BY-LAWS
OF
WILDFIRE ESTATES HOME OWNERS ASSOCIATION
The
name of the organization shall be Wildfire Estates Home Owners Association.
ARTICLE I
PURPOSE AND PARTIES
1.
Governance of Regime. The
purpose for which this non-profit association is formed is to govern the
planned real estate development known as Wildfire Estates, hereinafter
referred to as Project, situated in Cleveland County, Oklahoma, which
property is described in the declaration of Home Owners Association and
attachments. All definitions
contained in said Declaration shall apply hereto and are incorporated herein
by reference.
2.
Owners Subject to These By-laws: Acceptance of By-laws.
All present or future owners, tenants, future tenants of any unit, or
any other person who might use in any manner the facilities of the project
are subject to the provisions and any regulations set forth in these
By-laws. The mere acquisition,
lease or rental of any unit or the mere act of occupancy of a unit will
signify that these By-laws are accepted, approved, ratified, and will be
complied with.
ARTICLE II
MEMBERSHIP, VOTING,
MAORITY OF CO-OWNERS
(*OWNERS*), QUORUM, PROXIES
1.
Membership. Except as is
otherwise provided in these By-laws, ownership of a unit is required in
order to qualify for membership in this Association.
Any person, on becoming an owner of a unit, shall mandatorily and
automatically become a member of this Association and shall be subject to
the By-laws. Such membership
shall terminate without any formal Association action whenever such person
ceases to own a unity, but such termination shall not relieve or release any
such former owner from any liability or obligation incurred under or in any
way connected with this Association during the period of such ownership and
membership in this Association or impair any rights or remedies which the
owners have, either through the Board of Directors of the Association or
directly, against such former owner and member arising out of or in any way
connected with ownership and membership and the covenants and obligations
incident thereto.
2.
Voting. Voting shall be
as set forth in the Declaration and any amendments thereto.
3.
Quorum. Except as
otherwise provided in these By-laws, the presence in person or by proxy of
owners representing fifty percent (50%) of the units shall constitute a
quorum. In the event a quorum
is not present, then the meeting shall be adjourned, and notice of a new
meeting for the same purposes within two (2) to four (4) weeks shall be sent
by mail, at which meeting the number of owners represented in person or by
proxy shall be sufficient to constitute a quorum.
An affirmative vote of a majority of the unit owners either in person
or by proxy shall be required to transact the business of the meeting.
4.
Proxies. Votes may be
cast in person or by written proxy.
Proxies must be filed with the Secretary or Assistant Secretary of
the Association before the appointed time of each meeting.
ARTICLE III
ADMINISTRATION
1. Association
Responsibilities. The Home
Owners Association, hereinafter referred to as Association, will have the
responsibility of administering the project through a Board of Directors,
and Well Committee. All matters
other than those pertaining to use and operation of wells shall be the
responsibility of the entire Association by and through the Board of
Directors. All owners connected
to a common well shall govern all well maintenance and operation matters
through an elected committee and in connection therewith, shall have the
right accorded to the Association herein.
2.
Place of Meeting.
Meetings of the Association shall be held at such suitable place, convenient
to the owners, as the Board of Directors may determine.
3.
Annual Meetings. The first meeting of the Association shall be held
not later than sixty (60) days after seventy-five percent (75%) of the units
are sold and closed.
Thereafter, the annual meetings of the Association shall be held on the
first Monday in the month of June of each succeeding year.
At such meetings, there shall be elected by ballot fo the owners a
Board of Directors, in accordance with the requirements of these By-laws.
The owners may also transact such other business of the Association
as may properly come before them.
4.
Special Meetings. It
shall be the duty of the President to call a special meeting of the owners
as directed by majority in voting interest of the owners having been
presented to the Secretary or Assistant Secretary of the Association.
The notice of any special meeting shall state the time and place of
such meeting and the purpose thereof.
No business except as stated in the notice shall be transacted at a
special meeting unless by consent of two-thirds (2/3rds) in interest of the
owners present, either in person or by proxy.
Any such meetings shall be held after the first annual meeting and
shall be held within thirty (30) days after receipt by the President of such
resolution or petition.
5.
Notice of Meetings. It shall be
the duty of the Secretary of Assistant Secretary of the Association to mail
a notice of each meeting, stating the purpose thereof as well as the time
and place it is to be held, to each owner of record and to first mortgagees
of record, which shall be entitled to send a representative to attend such
meeting, at least ten (10) days but not more than thirty (30) days prior to
such meeting. The mailing of notice in the manner provided in this paragraph
shall be considered notice served.
Provided, however, notice to first mortgagees shall be required only
in the event that action to foreclose on any assessment lien shall be
contemplated.
6.
Adjourned Meetings. If any
meeting of owners cannot be organized because a quorum has not attended, the
owners who are present, either in person or by proxy, may adjourn the
meeting to a certain time, at which adjourned meeting any owners present
shall constitute a quorum.
7.
Order of Business. The order of
business at all meetings of the owners shall be as follows:
(a) Roll call and
certifying proxies;
(b) Proof of notice of
meeting or waiver of ntice;
(c)
(d) Reports of officers;
(e) Reports of
committees;
(f) Election of
directors, as applicable;
(g) Unfinished business;
(h) New business; and
(i) Adjournment;
(j)
Roberts Rules of Order shall govern in the event of any disputes
concerning procedure.
ARTICLE IV
BOARD OF DIRECTORS AND
COMMITTEES
1.
Number, Qualification and Appointment or Election.
Until the first annual meeting of the Association, the affairs of the
Association shall be governed by a Board of Directors consisting of five (5)
persons appointed by Declarant.
At such first meeting, there shall be elected five (5) members of the
Association to the Board of Directors, all of whom must be unit owners and
who shall thereafter govern the affairs of this Association until there
successors have been duly elected and qualified.
All persons, successors have been duly elected and qualified.
All persons connected to a common well shall elect from their
membership a Well Committee comprised of five (5) persons who shall govern
the operation and maintenance of their particular well.
A Director and Committee member may be one and the same person.
2.
General Powers and Duties. The
Board of Directors shall have the powers and duties necessary for the
administration of the affairs of the Association and for the operation and
maintenance all such acts and things except as prohibited by law or by these
By-laws or by the Declaration.
The Well Committees (hereinafter called Committee) shall have like powers
and duties in connection with well operation and maintenance.
3.
Other Powers and Duties.
Such powers and duties of the Board of Directors and Committees shall
include, but shall not be limited to, the following, all of which shall be
done for and on behalf of the owners of the project:
(a) Administration.
To administer and enforce the covenants, conditions, restrictions,
easements, uses, limitations, obligations and all other provisions set forth
in the Declaration, the By-laws of the Association, and supplements and
amendments thereto.
(b) Rules.
To establish, make and enforce compliance with such reasonable rules
as may be necessary for the operation, use and occupancy of the project with
the right to amend same from time to time.
A copy of such rules and regulations shall be delivered or mailed to
each owner within five (5) days following the adoption thereof.
(c) Maintenance of
Common Elements. To keep in
good order, condition and repair all of the common roads insofar as the
Board of Directors are concerned and the wells insofar as the Committees are
concerned.
(d) Budget;
Determination of Assessments; Increase or Decrease Same; Levy of Special
Assessments. To prepare a
budget for the project, at lest annually, and determine the amount of common
charges, payable by the owners to meet the common expenses of the project.
To allocate and assess
such common charges among the owners according to their respective common
ownership interests in and to the common elements, and by a majority vote of
the Board or Committee to adjust, decrease or increase the amount of the
early or monthly assessments.
And remit or return any excess of assessments over expenses, working
capital, sinking funds, reserve for deferred maintenance and for replacement
to the owners at the end do each operating year.
To levy and collect special assessments, whenever, in the opinion of
the Board or Committee, it is necessary to do so in order to meet increase
operating or maintenance expenses or cost, or additional capital expenses or
because of emergencies.
(e) Enforcement of
Assessment Lien Rights. To
collect delinquent assessments by suit or otherwise and to enjoin or seek
damages from an owner who may be in default as is provided for in the
Declaration and these By-laws.
To enforce a per diem late charge to be set by Board of Directors or
Committee, said late charge to be initially the sum of Five Dollars ($5.00),
and to collect interest at the rate to be set by the Board or Committee,
said interest to be initially the rate of ten percent (10%) per annum in
connection with assessments remaining unpaid more annum in connection with
assessments remaining unpaid more than fifteen (15) days from due date, and
to collect all expenses, including attorney’s fees incurred.
The Well Committees shall be empowered to take action either
individually or through the Board of Directors or jointly with the Board of
Directors.
(f) Protect and
Defend. To protect and
defend the entire common premises from loss and damage by suit or otherwise.
(g) Contract.
To enter into contracts within the scope of their duties and powers.
(h) Bank Account.
To establish bank account or accounts for the common treasury and for
all separate funds which are required or may be deemed advisable by the
Board of Directors or Committee.
(i) Manage.
To make repairs, additions, alterations and improvements to the
general common elements consistent with managing the project in a first
class manner and consistent with best interests of the unit owners.
(j)
Books and Records.
To keep and maintain full and accurate books and records showing all
of the receipts, expenses or disbursements and to permit examination thereof
by each of the owners and each first mortgages, and to cause a complete
audit of the books and accounts by auditors once a year, if requested by any
owner.
(k)
Annual Statement.
To prepare and deliver annually to each owner a statement showing
receipts, expenses and disbursements since the last such statements.
(l)
Meetings. To meet
at least once each quarter; provided, that any Board of Directors of
Committee meeting may be attended and conducted by telephone or other device
which permits all of the Directors or members in attendance to participate
in such meeting, and provided, further, that any action required to be taken
at such meeting, setting forth the action so taken, shall be signed by all
of the members of the Board of Committee.
4.
No waiver of Rights. The
omission or failure of the Association or any owner to enforce the
covenants, conditions, restrictions, easements, use limitations, obligations
or other provisions of the Declaration, the By-laws or the regulations and
house rules adopted pursuant thereto, shall not constitute or be deemed a
waiver, modification or release thereof, and the Board of Directors or the
Managing Agent or Committee shall have the right to enforce the same
thereafter.
5.
Election and Term of Office:
Staggered Office. At the
first annual meeting of the Association and well owners, the term of office
of the Directors and Committees shall be fixed at one (1) year.
At the expiration of the initial term of office of each respective
Director or Committee member, his successor shall be elected to serve a term
of one (1) year. The Directors
and Committee members shall hold office until their successors have been
elected and hold their first meeting.
6.
Vacancies in Board or Committee.
Vacancies in the Board of Directors of Committees caused by any
reason other than the removal of a Director by a vote of the Association or
a Committee member by all owners connected to a common well shall be filled
by vote of the majority of the remaining Directors or Committee even though
they may constitute less than a quorum; and each person so elected shall be
a Director or member until a successor is elected at the next annual meeting
of the Association.
7.
Removal of Directors or Committee Members.
At any regular of special meeting
duly called, any one of more of the Directors or Committee may be removed
with or without cause by two-thirds (2/3rds) of the owners, and a successor
may then and there be elected to fill the vacancy thus created.
Any Director or Committee member whose removal has been proposed by
the owners shall be given an opportunity to be heard at the meeting.
Should any Director or member miss three (3) consecutive regular
meetings of the Board of Directors or Committee, he shall be automatically
removed from the office and a successor selected and approved by the Board
or Committee to fill his unexpired term.
8.
Directors’ and Committees’ Organizational Meeting.
The first meeting of a newly elected Board of Directors and
Committee shall be held within ten (10) days following the annual meeting,
at such place as shall be fixed by the Directors of Committee at the annual
meeting. No notice shall be
necessary to the newly elected Directors or Committee members in order to
legally constitute such meeting, providing a majority of the whole Board of
Committee shall be present.
9.
Directors’ and Committees’ Regular Meetings.
Regular meetings of the Board of Directors and Committees may be held
at such time and place as shall be determined from time to time bay a
majority of the Directors or Committee members, but at least one such
meeting shall be held during each calendar quarter.
Notice of regular meetings of the Board of Committee shall be given
to each Director or member, personally or by mail, telephone or telegraph,
at least five (5) days prior to the day named for such meeting.
10.
Directors’ and Committee Special Meetings.
Special meetings of the Board of Directors or Committee may be called
by the President or Committee Chairman on five (5) days notice to each
Director or member, given personally, by mail, telephone or telegraph, which
notice shall state the time, place (as hereinabove provided) and purpose of
the meeting. Special meetings
of the Board of Directors or Committee shall be called by the President,
Chairman or Secretary or Committee shall be called by the President,
Chairman or Secretary or Assistant Secretary in like manner and on line
notice on the written request of one of more Directors of Committee members.
11.
Waiver of Notice. Before
or at any meeting of the Board of Directors or Committee, any Director or
member may, in writing, waive notice of such meeting and such waiver shall
be deemed equivalent to the giving of such notice.
Attendance at any meeting shall be a waiver of notice of the time and
place thereof. If all the
Directors or members are present at nay meeting, no notice shall be required
and any business may be transacted at such meeting.
12.
Quorum. At all meetings,
a majority of the Directors of Committee members shall constitute a quorum
for the transaction of business, and the acts of the majority of those
present at a meeting at which a
quorum is present shall be the acts of the Board or Committee.
If, at a meeting of the Board of Directors or Committee, there be
less than a quorum present, the majority of those present may adjourn te
meeting to a specified time and place.
At any such adjourned meeting any number of Directors or members
present shall constitute a quorum and any business which might have been
transacted at the meeting as originally called may be transacted without
further notice..
ARTICLE V
FISCAL MANAGEMENT
The
provision for fiscal management of the units for and on behalf of all of the
unit owners as set forth in the Declaration shall be supplemented by the
following provisions:
1.
Fiscal Year. The fiscal
year of the Association and Committees shall be fixed by resolution of the
Board of Directors.
2.
Accounts. The funds and
expenditures of the unit owners shall be credited and charged to accounts
under the following classifications as shall be appropriate, all of which
expenditures shall be common expenses:
(a)
Current expenses, which
shall include all funds and expenditures within the year for which the funds
are budgeted, including a reasonable allowance for contingencies and working
funds, except expenditures chargeable to reserves and to additional
improvements.
(b)
Reserves for deferred
maintenance, which shall include funds for maintenance items which occur
less frequently than annually.
(c)
Reserves for replacement
(sinking funds), which shall include funds for maintenance items which occur
less frequently than annually.
(d)
Capital improvements,
which shall include funds for construction of new improvements for which
reserves for replacement have not been established.
ARTICLE VI
OFFICERS
1.
Designation.
The officers of the Association shall be a President, Vice President,
Secretary and Treasurer, all of who shall be elected by the Board of
Directors, and such assistant officers as the Board shall from time to time
elect. Such assistant shall be
an owner of a unit or the Declarant or his representatives(s).
Officers of the Committees shall be a Chairman, Vice Chairman and
Secretary/Treasurer.
2.
Election of Officers.
The officers of the Association and each Committee shall be elected
annually by the Board of Directors and Committee at the organizational
meeting of each new Board and Committee and shall hold office subject to the
continuing approval of the Board and Committee.
3.
Removal of Officers.
Upon an affirmative vote of a majority of the members of the Board of
Directors or Committee, an officer may have his office removed either with
or without cause, and his successor elected at any regular meeting of the
Board of Directors or Committee, or at any special meeting called for such
purpose. Members of the Board
or Committee may only be removed by a vote of the owners as provided
elsewhere in thee By-laws.
4.
President and Chairman.
The President and Chairman shall be the chief executive officers of
the Association or Committee.
He or she, as the case may be, shall preside at all meetings unless absent.
He shall have all of the general powers and duties which are usually
vested in the office of President of an association, including but not
limited to the power to appoint committees form among the owners from time
to time as he may, in his discretion, decide are appropriate to assist in
the operation of the common business or as may be established by the Board
or Committee, or by the members of the Association at any regular or special
meeting.
5.
Vice President or Vice
Chairman.
The Vice President or Vice Chairman shall have all the powers and
authority and perform all the functions and duties of the President or
Chairman in his absence or his inability for any reason to exercise such
powers and functions or perform such duties, and also perform any duties he
is directed to perform by the President or Chairman.
6.
Secretary
a.
The Secretary shall keep
all the minutes of the meetings and have charge of such books and papers as
the Board of Directors of Committee may direct; and shall, in general,
perform all the duties incident to the office of the Secretary and as is
provided in the Declaration and the By-laws.
b.
The Secretary shall
compile and keep up to date at the principal office of the Association a
complete list of members and their last known address as shown on the
records of the Association.
Such list shall also reflect opposite each member’s name the number or other
appropriate designation of the unit owned by such member, the undivided
interest in the general common elements and a description of the limited
common elements assigned for exclusive use in connection with such unit.
Such list shall be open to inspection by members and other persons
lawfully entitled to inspect the same at reasonable times during regular
business hours.
ARTICLE VII
INDEMNIFICATION OF
OFFICERS,
DIRECTORS AND MANAGING
AGENT
1.
Indemnification.
The Association shall indemnify through insurance or other means,
every Director, officer, Managing Agent, Committee member, their respective
successors, personal representatives and heirs, against all loss, costs and
expenses, including counsel fees, reasonable incurred by him in connection
with any action, suit or proceedings to which he may be made a party by
reason of his being or having been a Director, Officer, Managing Agent or
Committee member of the Association, except as to matters as to which he
shall be finally adjudged in such action, suit or proceeding to be liable
for gross negligence or willful misconduct.
In the event of a settlement, indemnification shall e provided only
in connection with such matters covered by the settlement as to which the
Association is advised by counsel that the person to be indemnified has not
been guilty of gross negligence or willful misconduct in the performance of
his duty as such Director, Officer, Managing Agent or Committee member in
relation to the matter involved.
The foregoing rights shall not be exclusive of other rights to which
such Director, Officer, Managing Agent or Committee member maybe entitled.
All liability, loss, damage, cost and expense incurred or suffered by
the Association or Committee by reason or arising out of or in connection
with the foregoing indemnification provisions shall be treated and handled
by the Association or Committee as common expenses; provide, however, that
nothing in the Article Vii shall be deemed to obligate the Association or
Committee to indemnify any member or owner of a unit who is or has been a
Director Officer of the Association with respect to any duties or
obligations assumed or liability incurred by him under and by virtue of the
Declaration.
2.
No Personal Liability.
Contracts or other commitments made by the Board of Directors,
Officers, Managing Agent or committee member shall be made as agent for the
owners, and they shall have no personal responsibility on such contract or
commitment (escept as owners.)
ARTICLE VIII
AMENDMENTS TO BY-LAWS
1.
Amendments to By-laws.
These by-laws may be amended in writing by the Association at a duly
constituted meeting called for such purpose or ina any regular meeting so
long as the notice of such meeting sets for the the complete text of the
proposed amendement. No
amendment shall be effective unless approved by an eight percent (80%) vote
of the unit owners and unless duly recorded.
ARTICLE IX
EVIDENCE OF OWNERSHIP,
REGISTRATION OF MAILING ADDRESS
AND DESIGNATION OF
VOTING REPRESENTATIVE
1.
Proof of Ownership.
Except for those owners who initially purchase a unit from Declarant,
any person, on becoming an owner of a unit, shall furnish to the Managing
Agent or Board of Directors a true and correct copy of the original or a
certified copy of the recorded instrument vesting that person with an
interest or ownership in the unit, which copy shall remain in the files of
the Association. The owner
shall also provide a copy of the first mortgage, including mortgagee’s name
and address. The Association
shall not otherwise be required to search any record to ascertain such
information for the purpose of giving notice ot mortgagees as require
herein.
2.
Registration of Mailing
Address.
The owner, or several owners, of an
individual unit shall have one and the same registered mailing address to be
used by the Association and Committee for mailing of monthly statements,
notices, demands and all other communications, and such registered address
shall be the only mailing address of a person or persons, firm, corporation,
partnership, association or other legal entity or any combination thereof to
be used by the Association.
Such registered address of an owner or owners shall be furnished by such
owner (s) to the Managing Agent or Board of Directors within fifteen (15)
days after transfer of title, or after a change of address, and such
registration shall be in written form and signed by all of the owners of the
unit or such as are authorized by law to represent the interest of the
owner(s) thereof.
3.
Designation of Voting
Representative – Proxy.
(a)
If a unit is owned by
one person, his right to vote shall be established by the record title
thereto. If title to a unit is
held by more than one person, other than husband and wife, or by a firm,
corporation, partnership, association, or other legal entity, or any
combination there, such owners shall execute a proxy appointing and
authorizing one (1) person, or alternate persons, to attend all annual and
special meetings of members and thereat to cast whatever vote the owner
himself might cast if he were personally present.
Such proxy shall be effective and remain in force unless voluntarily
revoked, amended or sooner terminated by operation of law; provided,
however, that within thirty (30) days after such revocation, amendment or
termination, the owners shall reappoint and authorize one person, or
alternate persons, to attend all annual and special meetings as provided by
this paragraph.
(b)
The requirements herein
contained in this Article shall be first met before an owner of a unit shall
be deemed in good standing and entitled to vote at an annual or special
meeting or members.
ARTICLE X
OBLIGATIONS OF THE
OWNERS
1.
Assessments.
All owners shall be obligated to pay the assessments imposed by the
Association or Committee to meet the common expenses.
The amount of such assessments may be altered in accordance with the
Declaration. A member, Officer
of Director shall be deemed to be in good standing and entitled to vote at
any annual or special meeting of members or Directors within the meaning of
theses By-laws if, and only if, he shall have fully paid all assessments
made or levied against him and the unit or units owned by him, and is not in
violation of any rule or regulation of the Association then in force.
2.
General.
(b)
Each owner shall always
endeavor to observe and promote the cooperative purposes for the
accomplishment of which this project was built.
(c)
All units shall be
utilized only for residential purposes except as is otherwise provided in
the Declaration and Plans.
3.
Rules and Regulations.
The Board of Directors, pursuant to Article IV of these By-laws,
reserves the power to establish, make and enforce compliance iwht such
additional rules as may be necessary for the operation, use and occupancy of
this project with the right to amend same from time to time.
Copies of such rules and regulations shall be furnished to each owner
prior to the date when the same shall become effective.
ARTICLE XI
ABATEMENT AND ENJOINMENT
OF VIOLATIONS BY OWNERS
1.
Abatement and Enjoinment.
The violation of any rule or regulation accepted by the Board of
Directors, or the breach of any By-laws, or the breach of any provision of
the Declaration, shall give the Board of Directors, Committee or the
Managing Agent the right, in addition to any other rights set forth therein,
(a) to enter the unit in which, or as to which, such violation or breach
exists and to summarily abate and remove, at the expense of the defaulting
unit owner, any person, structure, thing or condition that may exist therein
contrary to the intent and meaning of the provisions thereof, and the Board
of Directors, Committee or Managing Agent shall not be deemed guilty in any
manner of trespass, and to expel, remove and put out, using such force as
may be necessary in so doing, without being liable to prosecution or any
damages therefore; and (b) to enjoin, abate, or remedy, by appropriate legal
proceedings, either at law or in equity, the continuance of any breach.
ARTICLE XII
COMMITTEES
1.
Designation.
The Board of Directors may, but shall not be required to, appoint an
Executive Committee, and it may designate and appoint members to standing
committees or special ad hoc committees for any useful or worthwhile
purposes to function in an advisory capacity to the Board of Directors.
The Board may establish rules for the conduct of these committees, as
follow, and may delegate responsibility to said committees.
2.
Executive Committee.
The Executive Committee shall consist of two (2) persons who shall be
appointed by the Board of Directors from the members of the Board.
One member shall be the President.
The Executive Committee shall supervise the affairs of the
Association and shall regulate its internal economy, approve expenditures
and commitments, act and carry out the established policies of the
Association and report to the Directors at each meeting of the Board.
The Executive Committee may hold regular meetings monthly or as it
may, in it s discretion, determine.
Special meetings may be called at any time by the Chairman of the
Committee or by any of its members, either personally
or by mail, telephone or telegraphy,
and a special meeting may be held by telephone.
3.
Nominating Committee.
Before each annual meeting, the Board of Directors may appoint a
committee of three (3) members who shall nominate candidates for the Board.
The names of the candidates shall be submitted on or before thirty
(30) days before the election.
Members may submit names of candidates other than those submitted by the
Nominating Committee at least thirty (30) days prior to the election.
Unless such names are submitted, either by the Nominating Committee
or by the members, no person shall be elected whose name is not so submitted
unless no nominations are made, in which event the names of candidates shall
be submitted at the election by the members.
4.
Building Committee.
Following the first and each subsequent annual meeting, the Board of
Directors shall appoint five (5) members to comprise the Building Committee
referred to in Part II of the Declarations.
Said Committee shall serve for one (1) year, and until the next
committee is appointed. The
Committee may comprise the same persons as the Board of Directors and shall
take all action necessary to insure compliance with the restrictive
covenants pertaining to construction of improvements and to further insure
harmony in the development.
ARTICLE XII
MISCELLANEOUS
1.
Conflict in Documents.
In the event that any inconsistency or conflict exist between the
items of the Declaration, these By-laws, or any rule ore regulation then in
force, the inconsistency or conflict shall, in every instance, be controlled
by the Declaration.
2.
Conflict Between Owners.
In the event that any dispute between owners arises involving any of
the common elements, amenities or any other matters concerning the project
and the conflict cannot be resolved by the Managing Agent, it shall be
resolved byt the Board of Directors or Committee.
3.
Due Process.
In order to afford due process to each owner before any punitive
action may be finally imposed by the Board of Directors of Committee, each
owner shall have the right, after receiving notice of the Board’s or
Committee’s intended imposition of a fine or other punitive action, of not
less than ten (10) days written notice served upon the owner as provided by
civil process in the State of Oklahoma, a hearing before the Board of
Directors or Committee en banc shall then be available to any owner to
present evidence for the purpose of avoiding or mitigating any penalty or
punitive action at which hearing both the Association or owners connected to
common wells and the owner may produce evidence and present witnesses.
The Board of Directors or Committee shall promptly resolve the
dispute and announce its decision, which in such instance shall be final as
to all matters.
EXECUTED THIS _____day of ________, 1984, by the Association, being all the members of WILDFIRE ESTATES HOME OWNERS ASSOCIATION, as reflected in the signatures to the Declaration of Home Owners Association to which these By-laws are attached and incorporated.
WILDFIRE ESTATES, INC.